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Case No. IA-2016-329987-1
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Dear [ ]
This is in reply to your requests dated May 11, 2016 and June 20, 2016, on behalf of Air Astana (the “Application”), to the Office of Foreign Assets Control (OFAC), seeking authorization to fly foreign-made aircraft containing 10 percent or more U.S.-controlled content to and from Iran on temporary sojourn for commercial passenger aviation, and to provide associated services.
The Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (ITSR), generally prohibit the reexportation from a third country, directly or indirectly, by a person other than a United States person, of any goods, technology, or services that have been exported from the United States if (1) undertaken with knowledge or reason to know that...
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1) This guidance letter was issued in response to a license request made prior to the issuance of the first iteration of Iran GL J, and the letter was issued after the issuance of both Iran GL J and Iran GL J-1) . The letter is, therefore, generally overtaken by events, but it does contain one notable interpretive statement. OFAC says:
"To the extent that the proposed activities involve U.S. persons including U.S. person owners or lessors of Air Astana aircraft, or are otherwise outside the scope of GL J-1, it would be inconsistent with current licensing policy to issue a specific license authorizing such activities."
With respect to the bolded portion of the sentence, OFAC appears to suggest, in a way that is consistent with other statements of the agency, that the...